JUDGE GIVES “UNSATISFACTORY JUDGEMENT”
SINGULAR ACTION IN CHANCERY DIVISION
Mr Justice Maugham, in the Chancery Division on Tuesday, gave, in a remarkable case, judgement which he had hinted at a previous hearing would be “unsatisfactory to both parties”.
The case was that in which Mr Ernest Hunt, of Columbia Garage, Upper Richmond Road, sought an injunction to restrain Mr and Mrs J. Sullivan, also of Upper Richmond Road, from: Keeping the front door bolted; placing obstructions on the staircase or landing leading to his rooms; and keeping an fierce dog on the premises unless under proper control.
It was stated that Mr and Mrs Sullivan were the tenants of the house adjoining the garage, and that Mr Hunt, who owned the freehold of the house, occupied some rooms for business purposes.
Mr Hunt complained that Mr and Mrs Sullivan bolted the front door against him, placed on the stairs timber and furniture over which he had fallen when trying to get to his rooms, and allowed a fierce dog to roam about the house.
The allegations were denied by Mr and Mrs Sullivan, who said the timber on the landing belonged to Mr Hunt and was placed there by his orders. Mr Hunt had neglected to keep the front door in repair and the dog, which was a ‘harmless mongrel’ and the playmate of children’ had since been given away.
Mr Justice Maugham who said the parties were unable to take a neighbour like view of their obligations, held that Mr Hunt was entitled to an injunction to restrain Mr and Mrs Sullivan from obstructing the staircase, but he refused to grant an injunction in respect of the bolted door or the dog, as he said that a case had not been made out on these two points. Judgement was entered accordingly.
28 July 1928, Evesham Standard & West Midland Observer
Modified to add, there is a slightly more colourful version in Richmond Herald 28 July 1928
only real additional info is that Mr Sullivan is a 'jobbing gardener"
